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AGENDA
Aspen Planning and Zoning Commission
REGULAR MEETING
May 16, 2017
4:30 PM Sister Cities Meeting Room
130 S Galena Street, Aspen
I. SITE VISIT
II. ROLL CALL
III. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
IV. MINUTES
V. DECLARATION OF CONFLICT OF INTEREST
VI. PUBLIC HEARINGS
A. 404 Park Ave - Amendment to a Growth Management Development Order
VII. OTHER BUSINESS
VIII. BOARD REPORTS
IX. ADJOURN
Next Resolution Number: 9, Series 2017
Typical Proceeding Format for All Public Hearings
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legaJ notice (affi d avit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clari fications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal /clarification of evidence presented by applicant and public comment
1 1 ) Applicant rebuttal/clarification
End of fact finding.
Deliberation by the commission commences.
No further interaction between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met o r not met.
Revised April 2, 2014
Page 1 of 4
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ben Anderson, Planner
THRU: Jennifer Phelan, Deputy Planning Director
MEETING DATE: May 16, 2017
RE: 404 Park Avenue – Amendment to Growth Management Quota System
Approval – Request to have a mix of ownership and rental units
APPLICANT /OWNER:
Peter Fornell of Fat City, LLC
REPRESENTATIVE:
Sara Adams,
BendonAdams, LLC
LOCATION:
Street Address:
404 Park Avenue.
Legal Description:
Lot 3, Sunny Park Subdivision recorded
at Book 3 Page 18, that part of vacated
Park Avenue being adjacent to said Lot
3 according to Ordinance No. 11 (Series
of 1972) City of Aspen recorded in
Book 265 Page 1, all of that parcel of
land described in the special warranty
deed at Book 765 Page 858, plus an
easement on portion of Lot 5, Sunny
Park Subdivision, described in Book
264 Page 787.
Parcel Identification Number:
2737-074-04-705
CURRENT ZONING & USE
The property, which is located in the
Residential Multi-Family (RMF)
Zone District, is currently subject to a
planned development overlay. The
property contains 14 residential units
housed in four separate buildings. In
Fall 2016, Council approved a
conditional removal of the existing
planned development overlay. The
new project is proposed to not require
the overlay. In December of 2016,
The applicant received approval for a
28-unit affordable housing project.
PROPOSED LAND USE:
In the affordable housing project approved in P&Z Resolution No. 11, Series
of 2016, all 28 units were approved as ownership units – a mix of Category 3
and 4 (with one RO unit). The project will conform to the RMF Zone Districe
The applicant is now proposing a mix of units that would include both
ownership and rental units.
STAFF RECOMMENDATION:
The Land Use Code allows owner units and is permissive of rental units
as affordable housing units and in the issuance of affordable housing
credits. Staff supports the three proposed options for tenancy (100% owner
occupied, 100% rental occupied, or a mix of owner and renter units)
subject to the conditions provided by APCHA and included in the Draft
Resolution.
SUMMARY:
The applicant is proposing a change to a previous approval for an
affordable housing project. Resolution No. 11, Series of 2016 granted
approval for a 28-unit (1, 2 and 3 bedrooms) affordable housing project.
The mix would award a total of 64 FTE housing credits – split evenly
between Category 3 and 4. Essential to this application, the original
approval was for all units to be occupied by owner tenants. The proposed
change would allow a mix of owner and renter tenants.
Figure 1. 404 Park Avenue. Rendering of approved redevelopment.
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LAND USE REQUEST AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals from the Planning and Zoning Commission:
• Growth Management – Affordable Housing Review (GMQS) Three sections of the Growth
Management chapter apply to this review: 26.470.150.B Substantial Amendment to a growth
management development order; 26.470.080 General Review Standards; and 26.470.100.D
Planning and Zoning Commission Applications – Affordable Housing. Planning and Zoning
Commission is the final review authority for these criteria.
BACKGROUND:
404 Park Ave. is an existing multi-family, free-market residential development with 14 units. The parcel,
which is nearly 18,000 square feet (.41 acres), lies at the intersection of Park Circle and Park Avenue and
is adjacent to Midland Park. The property is currently subject to a Planned Development overlay (PD). In
August of 2016, City Council approved Ordinance No. 20 (Series of 201) that removes the PD at the
completion of the redevelopment of the property with a 100% affordable housing project.
In December of 2016, the Planning and Zoning Commission approved Resolution 11(Series of 2016, by a
vote of 5 – 0, for the redevelopment of the site with a new, 28 unit, affordable housing project. The project
is subject to the dimensional requirements of the Residential Multi-Family Zone District (RMF). The
project will include a total of 28 units, with a mix of 1, 2 and 3 bedroom apartments. The completed project
would award 64 FTE Affordable Housing Credits (32 FTE each of Category 3 and 4 credits). One unit in
the project was approved as a Resident-Occupied (RO) unit. All units were approved as owner-occupied
units.
PROJECT SUMMARY:
This application proposes a single change to the approval granted by Resolution No. 11 (Series of 2016).
In the approval, the project proposed the units as owner occupied. The applicant is requesting an
amendment that would allow a mix of owner-occupied and renter-occupied units. The renter occupied units
would be owned by a third party who would then rent the units to APCHA qualified tenants. While not a
requirement, the potential owners of these units could be lodges or other local businesses who need
employee housing or to mitigate for a development project’s affordable housing requirements.
There are no changes proposed to the mass or form of the building, or the number or size of units.
STAFF COMMENTS:
Referencing the Land Use Code (26.470.100.D; Affordable Housing, and 26.540.030; Housing Credits) in
regards to affordable housing units, the units “shall be deed restricted as for sale” or “may be for rent”.
Staff views this language as a clear allowance of owner occupied units and a permissiveness of rental units.
Said another way, rental units can be approved, but the approval is discretionary. In both cases the tenants
would be APCHA qualified based on the deed restriction for a particular unit and the APCHA guidelines.
As staff understands the applicant’s intent, the proposed renter-occupied units would be purchased by third
party interests who would then rent the units to APCHA-qualified tenants. The Land Use Code, in this
same section, “encourages affordable housing units required for lodge development to be rental units
associated with lodge operation and contributing to the long-term viability of the lodge.” The only review
criteria provided by this section of the code discussing rental units requires a “legal instrument in a form
acceptable to the City Attorney (that) ensures permanent affordability of the units.”
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As is the case with all projects that involve issues relating to affordable housing, this application was
referred to APCHA for a recommendation. APCHA’s staff and board were in strong support of the original
proposal that consisted of 100% owner units. However, in conversation with APCHA staff regarding the
application, and reflected in both the staff memo and the APCHA Board recommendation from the meeting
on April 5, 2017, three concerns are raised by the proposed mix of owner and renter units:
1) Based on experience, APCHA has concerns about these kinds of rental units and the frequency
of non-compliance with requirements to ensure that APCHA qualified tenants are residing in
the units.
2) Again, based on APCHA’s experience, the mixture of owner and renter tenants in the same
development can create difficulties within the HOA – and generally, it is more difficult to
create a cohesive, functional relationship between residents.
3) Most importantly, if the majority of development becomes renter occupied (more than 49%), or
if a single entity owns more than 10% of the units in a development, the owner occupied units cannot
qualify for conventional mortgages (due to lending requirements of Fannie Mae and Freddie Mac).
After further research and conversation with APCHA, Staff (and the applicant) agrees with the following
framework of options in defining the project’s tenancy: the units would be deed-restricted as 1) 100%
owner-occupied; or 2) 100% rental occupied; or 3) a mix of owner and renter occupied units. The deed
restriction required for issuance of the Certificate of Occupancy will identify the tenancy type(s) of the
completed project. Each of the three options will require compliance with the conditions provided by
APCHA.
Because this request for a change to the project directly intersects with the day to day operations of APCHA,
and because the applicant would like to have continued flexibility in determining which of the tenancy
options will ultimately define the project, Staff finds it important that APCHA’s recommended conditions
be included in the Draft Resolution, should P&Z approve this amendment.
Most of the conditions are directly related to APCHA’s Guidelines ensuring that residents are APCHA
qualified tenants, units meet APCHA requirements, and units and residents contribute to the larger purposes
of the affordable housing program. However, two specific conditions are of particular importance if the
project becomes a mix of owner and renter occupied units. First, renter occupied units must make up less
than 50% of the total number of units (in this case, 13). Secondly, a single owner can own no more than
10% of the total units (in this case, 2). These two conditions will prevent a situation that would prevent
owners from qualifying for conventional mortgage financing. The full set of recommended conditions is
contained within Section 3 of the Draft Resolution.
If rental units are approved, Staff finds that these conditions are necessary to give direction to the deed
restriction(s) that will eventually define these units.
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RECOMMENDATION: Community Development Staff supports the requested tenancy flexibility for the
28 affordable housing units at 404 Park Ave. At completion, the development may be deed restricted as 1)
100% owner-occupied, or 2) 100% renter-occupied, or 3) a mix of owner and renter-occupied; subject to
conditions.
PROPOSED MOTION: If the Commission agrees with the staff recommendation, the following motion
is proposed:
“I move to approve Resolution XX granting three (3) options in establishing the deed-restricted tenancy-
type for the redevelopment of 404 Park Avenue, subject to conditions.
ATTACHMENTS:
Exhibit A Growth Management – Review Criteria and Staff Findings
Exhibit B Application, Amendment to a Growth Management Development Order
Exhibit C Staff Memo, APCHA
Exhibit D Comment from neighbor adjacent to project site
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Page 1 of 5
RESOLUTION NO. XX
(SERIES OF 2017)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF ASPEN APPROVING A SUBSTANTIAL AMENDMENT TO A GROWTH
MANAGEMENT DEVELOPMENT ORDER FOR THE PROPERTY LOCATED AT
LOT 3, SUNNY PARK SUBDIVISION, COMMONLY KNOWN AS
404 PARK AVENUE.
Parcel Identification Number: 2737-074-04-705
WHEREAS, Mr. Peter Fornell of Fat City, LLC, submitted an application for a review of
a Substantial Amendment to a Growth Management Development Order by the Planning and
Zoning Commission to allow for flexibility in the tenancy (owner and renter occupancy) of the
previously approved development of 28 deed-restricted, affordable housing units at 404 Park
Avenue; and,
WHEREAS, the Aspen City Council, in Ordinance No. 20, Series of 2016, voted to
approve the removal of an existing Planned Development overlay on the parcel, subject to
conditions including the creation of a 100% Affordable Housing development; and,
WHEREAS, the property is located in the Residential Multi-family (RMF) zone district;
and,
WHEREAS, the Planning and Zoning Commission, in Resolution No. 11, Series of
2016, granted approval of reviews for Affordable Housing, Certificates of Affordable Housing
Credits, a Dimensional Variance, and Residential Design Standards for the development of 28
deed-restricted, affordable housing units at 404 Park Avenue
WHEREAS, the Aspen/Pitkin County Housing Authority’s Board of Directors
considered the application for an Amendment at their scheduled meeting on April 5, 2017 and
provided a recommendation of approval, subject to conditions; and,
WHEREAS, the Community Development Department received a staff memo outlining
the recommended conditions on the Amendment application from the Aspen/Pitkin County
Housing Authority (APCHA); and,
WHEREAS, the Community Development Director has reviewed the application and has
provided a recommendation to approve the Substantial Amendment; subject to conditions; and,
WHEREAS, the Planning and Zoning Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, and
has taken and considered public comment at a duly noticed public hearing on May 16, 2017; and,
Draft
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WHEREAS, the Planning and Zoning Commission finds that the development proposal
meets the applicable review criteria and that the approval of the Amendment request is consistent
with the goals and objectives of the Land Use Code; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
WHEREAS, the Planning and Zoning Commission approved Resolution XX, Series of
2017, by a X to X (X - X) vote, granting approval of a Substantial Amendment to a Growth
Management Development Order, as identified herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves the following land use review: Substantial
Amendment to a Growth Management Development Order; allowing for a change to the tenancy
/ occupancy type of the previously approved units.
With the exception of the approved Amendment, the project is subject to the approvals granted
previously in Ordinance No. 20, Series of 2016 and P&Z Resolution 11, Series of 2016, and to
the requirements of the Residential Multi-family (RMF) zone district.
Section 2: Amendment to Tenancy/Occupancy Type
Where Resolution No. 11, Series of 2016 allowed for 100% owner-occupied units, this
resolutions allows three options in establishing tenancy type. The project may be 1) 100% owner-
occupied; or 2) 100% renter-occupied; or 3) a mix of owner-occupied and renter-occupied units.
The deed restriction required for issuance of the Certificate of Occupancy will identify the
tenancy type of the completed project.
Section 3: APCHA Conditions
100% Ownership Project:
1. As shown in the application, the unit sizes meet the 20% reduction requirement and the
criteria for the reduction; therefore, the units meet the minimum square footage as stated in
the Guidelines.
2. All bedrooms shall contain a closet.
3. All units shall include a refrigerator/freezer, stove/oven with hood, dishwasher, and
washer/dryer hookups.
4. Based on Part III, Section 6.C.3, Priority of Qualified Tenants and Owners Selected by
Developer, of the Guidelines, the developer has the right to choose APCHA-qualified
owners to occupy one-third of the affordable housing units if the households meet the top
priority criteria (four-year minimum work requirement, minimum occupancy requirement,
category, not own other property within the OEZ). Any units not pre-selected and the
balance of the units shall be marketed and sold as stated in the Guidelines through APCHA.
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The developer has the right to select the initial APCHA qualified buyer (as stated above) of
30% of the units with the condition that the selected owners do not own any real estate
within the ownership exclusion zone defined in the Guidelines. Any resales will go through
the lottery system as stated in the Guidelines.
5. Based on the common elements that will need to be maintained by the HOA, no Category 1
or 2 shall be allowed; the request is to have a mix of Category 3 and Category 4 units.
6. APCHA must approve the initial sales price for the RO unit of which will be deed restricted
accordingly and as stated in the Guidelines.
7. A Capital Reserve Study is required to be provided to the HOA and to APCHA by a
certified reserve specialist at the time of Certificate of Occupancy, or within one month of
CO. Extinguishment of any credits shall not be allowed until the Capital Reserve Study is
completed and accepted by APCHA.
8. APCHA is satisfied with the proposed onsite parking and recommends that the Planning
and Zoning Commission approve the project as is.
9. APCHA recommends that the Engineering Department reconsider the ability to have on-
street parking for this project.
10. The developer shall obtain approval of all condominium documents to APCHA for review
prior to acceptance. These shall include, but may not be limited to, the following:
a. Articles of Incorporation
b. By-Laws
c. Condominium Declaration
d. Condo Plat Map
e. Nine required governance policies required by the Colorado Common Interest
Ownership Act (CCIOA).
f. Budget
11. At the closing on all units, the developer shall provide to each new homeowner a binder that
will include, but may not be limited to, the following:
a. All condominium documents stated in #8 above;
b. All mechanical warranties, all warranties for appliances, etc.
100% Rental Project:
1. All employers requesting to purchase a unit must obtain approval by APCHA and must
meet the definition of a qualified Pitkin County Employer defined in the Guidelines and as
it is amended from time to time. A City of Aspen business license will be one means of
proof as a Pitkin County employer.
Employer (Pitkin County Employer) - A business whose business address is located
within Aspen and/or Pitkin County, whose business employs employees (as defined
herein) within Pitkin County, who work in Pitkin County, and whose business taxes are
paid in Aspen or Pitkin County. If an employer is not physically based in Pitkin
County, an employee must be able to verify that they work in Pitkin County a minimum
of 1500 hours per calendar year for individuals, businesses or institutional operations
located within Pitkin County.
2. A self-employed owner cannot reside in the unit.
3. All new tenants must be approved PRIOR to signing a lease and occupying the unit.
4. Minimum occupancy for all units is required.
5. Employers cannot reside in the unit; units must be occupied by Qualified Employees.
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6. All tenants/roommates will be required to complete the qualification packet prior to
signing a new lease or renewing their current lease.
7. All tenants/roommates will be required to requalify as stipulated in the Guidelines and as
they are amended from time to time.
8. All leases must be provided to APCHA and state the length of the lease, the amount of
rent, and signed by both the tenant and the landlord.
9. If at such time the unit is found to be out of compliance, and upon receipt of APCHA’s
Notice of Violation (NOV), a fine shall be assessed each day the unit is out of
compliance. The fine will be $500 per day, unless specified differently in the Guidelines
and as they are amended from time to time.
10. At such time the fines are assessed, the management of the noncompliant unit shall be
turned over to APCHA to manage, and the owner will be required to pay a management
fee as determined by APCHA. No fines or fees shall be assessed to the tenant.
Mixed Ownership/Rental Project:
1. All criteria stated under 100% ownership units shall apply.
2. All criteria stated under 100% rental project shall also apply. If the employer is found to
be out of compliance, and after the Notice of Violation (NOV), a fine shall be assessed
each day the unit is out of compliance. The fine will be $500 per day, unless specified
differently in the Guidelines and as they are amended from time to time. The owner shall
also be required to list the unit for sale with APCHA and sold through the lottery system.
3. The rental units must not exceed 49% of the total units within the project.
4. One entity/owners must not own more than 10% of any units within the project.
5. All rental units must meet the minimum occupancy requirements.
6. Employers must be approved by APCHA prior to purchasing the unit as stated above
under the 100% rental project section.
Prior to a Certificate of Occupancy being issued for the completed project, a deed restriction for
the units will be approved by the City Attorney and APCHA that reflects the requirements of this
resolution and Resolution No. 11, Series of 2016.
Section 4: Vested Rights
This approval of an amendment does not change the period of vested rights established by
Resolution 11, Series of 2016. The development order remains effective through December 20,
2019.
Section 5:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
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Section 6:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of
May, 2017.
APPROVED AS TO FORM: Planning and Zoning Commission
_______________________________ ______________________________
Andrea Bryan, Assistant City Attorney Skippy Mesirow, Chair
ATTEST:
_______________________________
Cindy Klob, Records Manager
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VI.A.
Exhibit A
Review Criteria and Staff Response
26.470.150. Amendment of a growth management development order.
B. Substantial amendment. All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this Chapter.
Allotments granted shall remain valid and applied to the amended application, provided that the
amendment application is submitted prior to the expiration of vested rights. Amendment
applications requiring additional allotments or allotments for different uses shall obtain those
allotments pursuant to the procedures of this Chapter. Any new allotments shall be deducted from
the growth management year in which the amendment is submitted.
Staff Response: Because this proposed amendment involves changing an important quality
(tenancy type) of the approved units and because this quality was specifically described in
Resolution 11, Series of 2016 granting initial approval of the project, the current
application was accepted as a Substantial Amendment that requires P&Z review.
26.470.080. General Review Standards.
All Planning and Zoning Commission and City Council applications for growth management
review shall comply with the following standards.
A. Sufficient Allotments
B. Development Conformance
C. Public Infrastructure and Facilities
D. Affordable Housing Mitigation.
Staff Response: The project as approved, was reviewed through this section of the code.
Due to the nature of the proposed Amendment, the project continues to meet the General
Review Standards established by this section of the code. The proposed change does not
affect any of the General Review Standards.
26.470.100 Planning and Zoning Commission applications.
The following types of development shall be approved, approved with conditions or denied by the
Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, and the
criteria for each type of development described below. Except as noted, all growth management
applications shall comply with the general requirements of Section 26.470.080. Except as noted,
the following types of growth management approvals shall be deducted from the annual
development allotments. Approvals apply cumulatively.
D. Affordable housing. The development of affordable housing deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with
conditions or denied by the Planning and Zoning Commission based on the general requirements
outlined in Section 26.470.080.
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1) The proposed units shall be deed-restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The
owner may be entitled to select the first purchasers, subject to the aforementioned
qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed
restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own
the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines
established by the Aspen/Pitkin County Housing Authority, as amended.
The proposed units may be rental units, including but not limited to rental units owned by
an employer or nonprofit organization, if a legal instrument in a form acceptable to the City
Attorney ensures permanent affordability of the units. The City encourages affordable
housing units required for lodge development to be rental units associated with the lodge
operation and contributing to the long-term viability of the lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin
County or other similar governmental or quasi-municipal agency shall not be subject to
this mandatory "for sale" provision.
Staff Response: This section of the code is the subject of the Amendment request.
The Land Use Code allows owner-occupied and is permissive of renter-
occupied units to qualify under both Growth Management review and the review
for the establishment of Affordable Housing credits. For rental units to be
allowed, a “legal instrument in a form acceptable to the City Attorney (that)
ensures permanent affordability of the unit” is required. APCHA raised concerns
during the review process for the Amendment regarding projects that have a mix of
owner and renter-occupied units. Staff finds that the proposed Amendment is
allowed by the code, but strongly recommends that the conditions proposed by
APCHA be included in the Draft Resolution if approved – to help mitigate the
potential challenges of a mixed development and give direction to the deed
restriction that will define the eventual units.
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March 3, 2017
Mr. Ben Anderson
Planner
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: 404 Park Avenue Affordable Housing Project: GMQS Amendment
Mr. Anderson:
Please accept this application, submitted on behalf of Fat City LLC, to amend the Growth Management
approval granted by Planning and Zoning Commission Resolution 11 or 2016 to allow for the ability to rent
the deed restricted units. In December, the Planning and Zoning Commission granted approval for a 100%
affordable housing project that includes 28 deed restricted units for a total of 64 FTEs. The project is
approved as a mix of Category 3 and Category 4 units, with one Resident Occupied Unit. Section 3 of
Resolution 11 specifies that the units are for-sale. The applicant requests an amendment to allow both
for-sale and for-rent units within the project. There are no other changes proposed to the approved
project.
This application is submitted pursuant to the following sections of the Aspen Land Use Code:
• 26.304 Common Development Review Procedures
• 26.470.140.B Growth Management – Substantial Amendment
The application is divided into three sections: Section I describes the existing conditions of the project site
and environs. Section II outlines the approved development and Section III addresses the proposed
development’s compliance with the applicable review criteria of the Code. Exhibits are provided as
follows:
• 1 – Land Use application.
• 2 - Dimensional requirement form.
• 3 - Survey (ComDev waived requirement that survey be less than 1 year old)
• 4 – Vicinity Map.
• 5 – Agreement to pay.
• 6 – Proof of ownership.
• 7 – Authorization to Represent.
• 8 – HOA compliance form.
• 9 – Pre application Summary.
• 10 - Resolution 11 – 2016.
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404 Park Ave.
GMQS Amendment
• 11 – Approved drawings.
The applicant has attempted to address all relevant provisions of the Code and to provide sufficient
information to enable a thorough evaluation of the application. Upon request, BendonAdams will gladly
provide additional information as may be required in the course of the review.
Sincerely,
Sara Adams, AICP
BendonAdams LLC
300 So. Spring St. #202 | Aspen | CO
sara@bendonadams.com
970.925.2855
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404 Park Ave.
GMQS Amendment
Section I: Existing Conditions
The property is currently zoned Residential
Multi-family with a Planned Development
overlay. 404 Park is located at the
intersection of Park Avenue and Park Circle,
and Park Avenue and Midland Avenue, near
the base of Smuggler Mountain. The gross lot
area is 17,837.82 square feet or 0.4095 acres.
The lot currently contains a three story multi-
family building facing Park Avenue, two one
story multi-family buildings in the center of
the lot, and a two story multi-family building
facing Park Circle. There is a total of 14 units
onsite: 2 studios; 4 one-bedrooms; 6 two-
bedrooms; 1 three-bedrooms; 1 four-
bedroom.
There is designated gravel head-in surface
parking along Park Avenue and Park Circle.
Most of the parking is within the right of way.
There are only 7 legal onsite parking spaces
where 22 are required, which equals a deficit
of 15 parking spaces.
The property conforms to the underlying RMF
Zone District, except for a few setback
nonconformities. There are 14 units, which
provides an allowable floor area of 1.25:1 or
22,297 sf of floor area. The four existing
buildings total about 8,788 sf of floor area.
Allowable height is 32 ft. for the existing
density, and the tallest building on the
property measures 28 ft. When constructed,
the buildings were located in the setbacks as
shown on the site plan. The buildings were
built before a Planned Development overlay
was placed on the property.
Figures 3 – 5: (top to bottom): aerial view of property; building
facing Park Ave.; side view of 3 story building from Midland Park.
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404 Park Ave.
GMQS Amendment
Section II: Approved Project Description
A 100% deed restricted affordable housing project is approved for the 404 Park Avenue property including
28 housing units. A subgrade garage accessed off of Park Avenue provides parking for the project. Two
buildings are approved above grade, each three stories in height with street oriented façades to promote
a positive relationship with pedestrians. Front doors, large windows, material changes, and alternate roof
pitches respond to the varied neighborhood character and create a contextual addition to the
neighborhood. An interior courtyard with a small pool, barbeque grill, bike parking, seating and a fire pit
provides a protected cozy nook for residents to enjoy year-round.
The proximity of this property to the bus route (a bus stop is located directly across the street) and to
town is a great opportunity for an affordable housing project. This project meets the Residential Multi-
family Zone District requirements and provides housing for 28 families/individuals. 404 Park is located in
a residential neighborhood with a range of building types and density. The approved buildings and
subgrade garage respect the 5 ft. setback on all sides of the property, exceeding the setback requirement
in most areas. The buildings comply with the 32 feet height limit and with the allowable Floor Area within
the Residential Multifamily Zone District.
Extra storage outside of the individual units is proposed in the subgrade garage above each parking space
and the corners of the garage provide communal bike/ski storage and a bike repair area. Trash is located
at grade in an easily accessible location. Most upper level units have a private balcony. All units have
one parking space in the garage. A reduction in unit size was granted for the affordable housing units.
Table 1: Approved Category Configuration.
Bedrooms Category 3 Category 4 Resident Occupied
1-bedroom 5 8 0
2-bedroom 1 0 1
3-bedroom 7 6 0
TOTAL 13 14 1
The only change to the project is a request to allow for-rent and for-sale affordable housing units. The
approval documents from December 2016 state that the units are approved as for-sale; however, the
Land Use Code allows both for-rent and for-sale affordable housing units. The applicant requests the
flexibility to provide a mix of for-sale and for-rent units that meet APCHA requirements and
qualifications as defined in the Aspen Pitkin County Housing Authority Guidelines.
Section III: Review Requirements
A. Common Development Review Procedures
This land use application is submitted pursuant to and subject to the requirements of Chapter 26.304 –
Common Development Review Procedures – of the City of Aspen Land Use Code.
B. Growth Management Review.
The amendment requests approval to change the type of units from all for-sale units to a mix of for-sale
and for-rent units. Responses to relevant growth management criteria are as follows:
P15
VI.A.
Page 5 of 9
404 Park Ave.
GMQS Amendment
26.470.140.B Substantial Amendment of a growth management development order
All other amendments to an approved growth management development order shall be reviewed
pursuant to the terms and procedures of this Chapter. Allotments granted shall remain valid and
applied to the amended application, provided that the applications requiring additional allotments or
allotments for different uses shall obtain those allotments pursuant to the procedures of this Chapter.
26.470.050.B General Requirements: All development applications for growth management review
shall comply with the following standards. The reviewing body shall approve, approve with conditions
or deny and application for growth management review based on the following generally applicable
criteria and the review criteria applicable to the specific type of development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications for multi-year allotments, pursuant
to Paragraph 26.470.090.1 shall not be required to meet this standard.
Response – no change proposed to allotments.
2. The proposed development is compatible with land uses in the surrounding area, as well as
with any applicable adopted regulatory master plan.
Response – A mix of rental and for sale units is compatible with the surrounding land uses in the
area which include both for sale and for rent multi-family residential buildings.
3. The development conforms to the requirements and limitations of the zone district.
Response – The development conforms to the RMF Zone District.
4. The proposed development is consistent with the Conceptual Historic Preservation Commission
approval, the Conceptual Commercial Design Review approval and the Planned Development – Project
Review approval, as applicable.
Response – Not applicable. The property 100% residential and is not historically designated. The
property is not subject to Historic Preservation Commission approval or Commercial Design
Review.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by
the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee
generation rates, are mitigated through the provision of affordable housing. The employee generation
mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at Category
4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant
may choose to provide mitigation units at a lower category designation. If an applicant chooses to use
a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate
shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the
Certificate.
P16
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Page 6 of 9
404 Park Ave.
GMQS Amendment
Response – Not applicable. The development contains no commercial or lodging components and
does not generate employees according to Section 26.470.100.A.
6. Affordable housing net livable area, for which the finished floor level is at or above natural or
finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%)
of the additional free-market residential net livable area, for which the finished floor level is at or above
natural or finished grade, whichever is higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be
restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower category designation.
Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-
restricted at any level of affordability, including residential occupied. If an applicant chooses to use a
Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall
be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the
Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion.
Response – Not applicable. No additional free-market residential square footage is proposed.
7. The project represents minimal additional demand on public infrastructure, or such additional
demand is mitigated through improvement proposed as part of the project. Public infrastructure
includes, but is not limited to, water supply, sewage treatment, energy and communication utilities,
drainage control, fire and police protection, solid waste disposal, parking and road and transit services.
Response – The property is already developed with multi-family residential units and approved
for the development of 28 deed restricted units. The requested amendment to allow for-rent
units does not change the demand on public infrastructure.
26.470.070.4 Affordable housing. The development of affordable housing deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions
or denied by the Planning and Zoning Commission based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A
recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard.
The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of
Directors.
Response – The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority as determined by the Planning and Zoning Commission via Resolution 11 of 2016.
b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units
or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits
may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation
requirement is less than one (1) full unit, a fee-in-lieu payment may be accepted by the Planning and
Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the
mitigation requirement is one (1) or more units, a fee-in-lieu payment shall require City Council
approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used
P17
VI.A.
Page 7 of 9
404 Park Ave.
GMQS Amendment
to satisfy mitigation requirements by approval of the Community Development Department Director,
pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be
provided through a mix of these methods.
Response – The proposed deed restricted units are not required for mitigation purposes.
Affordable Housing Certificates are approved for the project.
c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more
of the unit's net livable area is at or above natural or finished grade, whichever is higher. This
dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430.
Response – All units are located entirely above grade, no change is proposed in the amendment.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers
according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select
the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin
County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing
Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units
may be rental units, including but not limited to rental units owned by an employer or nonprofit
organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent
affordability of the units. The City encourages affordable housing units required for lodge development
to be rental units associated with the lodge operation and contributing to the long-term viability of the
lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or
other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale"
provision.
Response – The units are proposed to be deed-restricted “for sale” or “for rent” units. The “for
rent” units may be owned by an employer. Designation of “for rent” or “for sale” units are at the
discretion of the owner.
e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation,
but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation affordable
housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540.
Response – Certificates of Affordable Housing Credit review criteria are addressed below.
26.470.070.5 Demolition or redevelopment of multi-family housing. The City's neighborhoods have
traditionally been comprised of a mix of housing types, including those affordable by its working
residents. However, because of Aspen's attractiveness as a resort environment and because of the
physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment
of dwellings currently providing resident housing for tourist and second-home use. Such redevelopment
results in the displacement of individuals and families who are an integral part of the Aspen work force.
Given the extremely high cost of and demand for market-rate housing, resident housing opportunities
for displaced working residents, which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have
been long-standing planning goals of the community. Achievement of these goals will serve to promote
P18
VI.A.
Page 8 of 9
404 Park Ave.
GMQS Amendment
a socially and economically balanced community, limit the number of individuals who face a long and
sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and
prevent exclusion of working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working residents be
provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority
have provided affordable housing both within and adjacent to the City limits. The private sector has
also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with
second homes and tourist accommodations and the steady increase in the size of the workforce required
to assure the continued viability of Aspen area businesses and the City's tourist-based economy, the City
has found it necessary, in concert with other regulations, to adopt limitations on the combining,
demolition or conversion of existing multi-family housing in order to minimize the displacement of
working residents, to ensure that the private sector maintains its role in the provision of resident
housing and to prevent a housing shortfall from occurring.
The combining, demolition, conversion or redevelopment of multi-family housing shall be approved,
approved with conditions or denied by the Planning and Zoning Commission based on compliance with
the following requirements (see definition of demolition.):
1. Requirements for combining, demolishing, converting or redeveloping free-market multi-family
housing units: Only one (1) of the following two (2) options is required to be met when
combining, demolishing, converting or redeveloping a free-market multi-family residential
property. To ensure the continued vitality of the community and a critical mass of local working
residents, no net loss of density (total number of units) between the existing development and
proposed development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-market multi-
family housing, the applicant shall have the option to construct replacement housing
consisting of no less than one hundred percent (100%) of the number of units, bedrooms and
net livable area demolished. The replacement units shall be deed-restricted as resident
occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority. An applicant may choose to provide mitigation units at a lower category
designation. Each replacement unit shall be approved pursuant to Subsection 4, Affordable
housing, of this Section.
When this one-hundred-percent standard is accomplished, the remaining development on
the site may be free-market residential development with no additional affordable housing
mitigation required as long as there is no increase in the number of free-market residential
units on the parcel. Free-market units in excess of the total number originally on the parcel
shall be reviewed pursuant to Paragraph 26.470.070.3, Expansion of free-market residential
units within a multi-family or mixed-use development.
b. Fifty-percent replacement. In the event of the demolition of free-market multi-family
housing and replacement of less than one hundred percent (100%) of the number of previous
units, bedrooms or net livable area as described above, the applicant shall be required to
construct affordable housing consisting of no less than fifty percent (50%) of the number of
units, bedrooms and the net livable area demolished. The replacement units shall be deed-
restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County
Housing Authority. An applicant may choose to provide mitigation units at a lower category
P19
VI.A.
Page 9 of 9
404 Park Ave.
GMQS Amendment
designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4,
Affordable housing.
When this fifty-percent standard is accomplished, the remaining development on the site
may be free-market residential development as long as additional affordable housing
mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market
residential units within a multi-family or mixed-use project, and there is no increase in the
number of free-market residential units on the parcel. Free-market units in excess of the
total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.7,
New free-market residential units within a multi-family or mixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-percent of the
free-market multi-family housing units are demolished and are solely replaced with deed-
restricted affordable housing units on a site that are not required for mitigation purposes,
including any net additional dwelling units, pursuant to Section 26.470.070.4, Affordable
Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable
Housing Credit, pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any
remaining unused free market residential development rights shall be vacated.
Response – No change to approved project.
P20
VI.A.
404 Park Avenue
Lot 3 of the Sunny Park Subvision
2737-074-04-705
Peter Fornell of Fat City LLC
402 Midland Park, Aspen, CO 8161
970-379-3434 or p.fornell@comcast.net
Sara Adams of BendonAdams
300 S. Spring St., #202, Aspen, CO 81611
970-925-2855 or sara@bendondams.com
Free market multi-family residential unit development. Zoned Residential Multi-family (RMF) with PD
overlay.
4,25
100% affordable housing project with 28 housing units including subgrade garage and three stories above
grade.
NOT APPLICABLE
Exhibit 1
P21
VI.A.
404 Park Avenue
Fat City LLC represented by Sara Adams of BendonAdams
Lot 3 of Sunny Park Subdivision at the intersection of Park Ave. and Park Circle
RMF [conditional PD overlay, see Ordinance 20, Series of 2016]
gross lot size is 17,837.82
net lot area does not apply in the RMF zone district for multi-family development
n/a n/a
14 28
n/a
n/a
8,582.08 26,756 26,084
32' max up to 32' see Z-201 - 2129'10" - 28' max
n/a
n/a
n/a
5'
5'
n/a
5'
5'
n/a
n/a
/a
n/a
n/a
5'
n/a
5'
5'
28 spaces
5'
n/a
n/a
setbacks
trash/recycle location in street facing yard (26.575.020.5.t).
54
7 spaces
1'6"
n/a
1'8"
28 spaces
5'
5'
n/a
n/a
Exhibit 2
P22
VI.A.
Exhibit 3P23VI.A.
feet
meters
400
100
Exhibit 4
P24
VI.A.
P25VI.A.
PROFORMA TITLE REPORT
SCHEDULE A
1.Effective Date: February 27, 2017 at 8:00 AM Case No. PCT24764W2
2.Policy or Policies to be issued:
Proposed Insured:
TO BE DETERMINED
3.Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
FAT CITY APARTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY
4.The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
Exhibit 6
P26
VI.A.
EXHIBIT "A"
LEGAL DESCRIPTION
A Tract of land being all of Lot 3, Sunny Park Subdivision recorded at Book 3 Page 18, that part of vacated Park Avenue
being adjacent to said Lot 3 according to Ordinance No. 11 (Series 1972) City of Aspen recorded in Book 265 at Page 1
and all of that parcel of land described in the Special Warranty Deed at Book 765 Page 858, all in the South one-half of the
Southeast Quarter of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado more
particularly described as follows:
Beginning at a point, being the North Corner of said Lot 3, Sunny Park Subdivision;
thence S52°00'00"E a distance of 120.62 feet along the North line of said Lot 3 to the Northeast corner of said Lot 3 being
a point on the Westerly boundary of Midland Park Subdivision as recorded in Book 6 at Page 138 and being a point on the
Line 5-1 of the U.S.M.S. Mascotte Lode #5867;
thence S45°21'00"W a distance of 77.96 feet along the Easterly boundary of said Lot 3 also being the Westerly line of said
Midland Park Subdivision and the Line 5-1 of said U.S.M.S. Mascotte;
thence S35°53'00"E a distance of 9.46 feet along the boundary of said Midland Park Subdivision;
thence S54°07'00"W a distance of 45.95 feet along the Westerly line of said Midland Park Subdivision to a point on the
Easterly line of said Lot 3 also being on the Line 4-1 of the U.S.M.S. Mollie Gibson Lode # 4281AM;
thence S38°00'00"W a distance of 79.73 feet along the Easterly line of said Lot 3 also being along the Line 4-1 of said
U.S.M.S. Mollie Gibson Lode to a point on the Southerly boundary of said Park Avenue vacation;
thence along said Park Avenue vacation boundary the following four (4) courses:
N14°22'26"W a distance of 67.09 feet;
thence; 5.58 feet along the arc of a curve to the right having a radius of 10.00 feet, a central angle of 31°58'16" and
subtending a chord bearing of N01°36'42"E a distance of 5.51 feet; thence 75.14 feet along the arc of reverse curve
having a radius of 93.93 feet, a central angle of 45°50'03" and subtending a chord bearing of N05°19'12"W a distance of
73.15 feet; thence 12.14 feet along the arc of a reverse curve, having a radius of 10.00 feet, a central angle of 69°33'25"
and subtending a chord bearing of N06°32'29"E a distance of 12.14 feet; thence N41°20'00"E a distance of 3.99 feet to the
Southwesterly Corner of said Lot 3; thence N41°20'00"E a distance of 91.65 feet along the Westerly line of said Lot 3 to
the point of beginning.
TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and
replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following
described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision,
Pitkin County, State of Colorado, described as follows:
Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin County, State of Colorado,
said point also being the Southwest corner of said Lot 5, thence South 52°00' East along the Northern boundary line of
said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet;
thence North 38°00' East, a distance of 5.0 feet;
thence North 52°00' West, a distance of 89.71 feet;
thence South 41°20' West, a distance of 5.01 feet to the point of beginning;
the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado;
for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently
exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall
remain attached and/or appurtenant to the existing structure, a dwelling house, and no longer, together with the right of
ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use
said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward
to Luke W. Anthony, Inc., a Colorado Corporation by instrument dated June 26, 1972 and recorded June 30, 1972 in Book
264 at Page 787.
Historically described as:
A tract of land being part of Lot 3, Sunny Park Subdivision, part of vacated Park Avenue and part of the Mascotte Lode
U.S.M.S. No. 5867, all in the South one-half of the Southeast quarter of Section 7, Township 10 South, Range 84 West of
the Sixth Principal Meridian, Pitkin County, Colorado more particularly described as follows:
Beginning at a point, being the North corner of Lot 3, Sunny Park Subdivision;
thence South 52°00'00" East 118.26 feet along the north line of said Lot 3;
to line 1-5 of said Mascotte Lode;
P27
VI.A.
thence South 45°24'29" West 77.95 feet along line 1-5 of said Mascotte Lode;
thence South 35°53'00" East 9.46 feet;
thence South 54°07'00" West 37.14 feet to a point on line 4-1 of Mollie Gibson Lode U.S.M.S. No. 4281;
thence South 38°00'00" West 86.24 feet along Line 4-1 of said Mollie Gibson Lode to a point on the Easterly right-of-Way
of Park Avenue;
thence North 14°22'26" West 67.11 feet along said right-of-way;
thence following said right-of-way 5.58 feet along a curve to the right having a radius of 10.00 feet;
thence following said right-of-way 75.14 feet along a curve to the left having a radius of 93.93 feet to a point on the
Easterly right-of-way of Park Circle;
thence following said Easterly right-of-way of Park Circle 12.14 feet along the arc of a curve to the right having a radius of
10.00 feet;
thence North 41°20'00" East 95.64 feet along said right-of-way to the Point of Beginning.
TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and
replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following
described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision,
Pitkin County, State of Colorado, described as follows:
Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin County, State of Colorado,
said point also being the Southwest corner of said Lot 5, thence South 52°00' East along the Northern boundary line of
said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet;
thence North 38°00' East, a distance of 5.0 feet;
thence North 52°00' West, a distance of 89.71 feet;
thence South 41°20' West, a distance of 5.01 feet to the point of beginning;
the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado;
for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently
exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall
remain attached and/or appurtenant to the existing structure, a dwelling house, and no longer, together with the right of
ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use
said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward
to Luke W. Anthony, Inc., a Colorado Corporation by instrument dated June 26, 1972 and recorded June 30, 1972 in Book
264 at Page 787.
P28
VI.A.
SCHEDULE B - SECTION 1
REQUIREMENTS
THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE
INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE
COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS
DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE
COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO
ISSUE ANY POLICIES OF TITLE INSURANCE
P29
VI.A.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. The premises hereby granted, with the exception of the surface, may be entered by the proprietor of any
other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises,
should the same in its dip be found to penetrate, intersect, or extend into said premises, for the purpose of
extracting and removing the ore from such other vein, lode or ledge as reserved in United States Patent
recorded May 20, 1949 in Book 175 at Page 168 and Book 175 at Page 171.
8. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded March 30, 1964 in
Book 206 at Page 301.
9. Reservation of all mineral rights as set forth in Warranty Deed recorded September 4, 1964 in Book 209 at
Page 68 and Warranty Deed recorded May 18, 1965 in Book 213 at Page 10.
10. Terms, conditions, provisions and obligations as set forth in Easement recorded June 30, 1972 in Book
264 at Page 787.
11. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy
Cross Electric Association, Inc., in instrument recorded July 26, 1972 in Book 265 at Page 351.
12. Terms, conditions, provisions and obligations as set forth in License Agreement recorded April 26, 1996
as Reception No. 392136
13. All matters as disclosed on Plat of subject property recorded January 19, 1965 in Plat Book 3 at Page 18.
14. Easements, rights of way and all matters as disclosed on Boundary Survey of subject property recorded
January 9, 2007 in Plat Book 82 at Page 36 as Reception No. 533172.
15. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 19, Series of 2011
by City Council of the City of Aspen, Colorado recorded February 29, 2012 as Reception No. 587076.
16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 20, Series of 2016
by Aspen City Council recorded September 7, 2016 as Reception No. 631974.
17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning and
Zoning Commission of the Ciy of Aspen recorded January 12, 2017 as Reception No. 635410 as
Resolution No. 11-2016.
P30
VI.A.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK-ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021 012 333
REFERENCE:PCT24764W2/TO BE DETERMINED
P31
VI.A.
Exhibit 7P32VI.A.
Exhibit 8P33VI.A.
ASLU
GQMS Amendment
404 Park Avenue
Parcel # 2737-074-04-705
1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Ben Anderson DATE: February 15, 2017
PROJECT: 404 Park Ave.
REPRESENTATIVE: Sara Adams, BendonAdams, LLC
REQUEST: Substantial Amendment of a growth management development order
DESCRIPTION: The applicant is proposing an amendment to Planning and Zoning Commission Resolution 11,
Series of 2016. A development order for three years of vested rights has been issued in connection to this
resolution effective December 20, 2016. Resolution 11 granted approval for reviews of GMQS, Affordable Housing
Credits and a dimensional variance for a trash enclosure. The approved project includes 28, deed restricted,
affordable housing units. The applicant is considering a change to a single aspect of the project. The units in the
approved project were proposed as “ownership” or “for sale” units. The applicant is considering shifting the units
in part, or in full to “rental” units.
Because this aspect of the project was specifically described in the approved Resolution, this proposed change
must be reviewed by the Planning and Zoning Commission in a public hearing.
As the proposed change has been presented, the only aspect of the project subject to the review will be the
designation of units as “owned” or “rental”.
An essential component of this review will be a recommendation from the Aspen/Pitkin County Housing Authority’s
Staff and Board regarding the proposed change. This recommendation regarding the change must be submitted
to Community Development prior to the review being placed on the Planning and Zoning Commission’s schedule.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a
pp%20form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-
Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.140.B GMQS: Substantial amendment of a growth management development order
Review by: Staff for complete application, Staff and APCHA for Recommendation, Planning and
Zoning Commission for approval or denial
Referrals: Aspen/Pitkin County Housing Authority
Public Hearing: Yes, Planning and Zoning Commission
Planning Fees: Planning Deposit – $3,250 for 10 hours ($325 per hour for additional Planning
Staff review time in excess of deposit hours)
Aspen/Pitkin County Housing Authority - $975 flat fee
Total Deposit Due: $4,225
Exhibit 9
P34
VI.A.
2
To apply, submit the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership
and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of
all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that states the
name, address and telephone number of the representative authorized to act on behalf of the applicant.
HOA Compliance form (Attached)
A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application
and relevant land use approvals associated with the property.
A site improvement survey (no older than a year from submittal) including topography and vegetation
showing the current status of the parcel certified by a registered land surveyor by licensed in the State
of Colorado.
Written responses to all review criteria.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
1 Complete Copy. If the copy is deemed complete by staff, the following items will then need
to be submitted:
2 Copies of the complete application packet and, if applicable, associated drawings.
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. The summary does not create a legal or vested right.
P35
VI.A.
Exhibit 10
P36
VI.A.
P37
VI.A.
P38
VI.A.
P39
VI.A.
P40
VI.A.
P41
VI.A.
P42VI.A.
P43VI.A.
P44VI.A.
P45VI.A.
P46VI.A.
P47VI.A.
P48VI.A.
P49VI.A.
P50VI.A.
P51VI.A.
P52VI.A.
P53VI.A.
P54VI.A.
P55VI.A.
P56VI.A.
P57VI.A.
87/8"47/8"19'-0"
103'-0"100'-0"
118'-81/4"
LINE OF WALL BELOW
LINE OF WALL BELOW
POOL FEATURE
FIRE
FEATURE
MAILBOXES
BIORETENTION POND
GREENSPACE
PLANTER
ADA RAMP
PROPOSED EDGE OF
PAVEMENT
BIORETENTION POND
795579607950795579607955PARK AVE.
PARK CIRCLE
LOT 5
PROJECT 100' = 7957'
PROPERTY LINE
SETBACK LINE
PROPERTY LINE
SETBACK LINE
404 PARK AVE
LOT 3 SUNNY PARK
LOT SIZE: 17,837.32 SF +/-
ZONE DISTRICT: RMF
SITE COVERAGE: 52.89%
5'-0"
SIDE YARDSETBACK5'-0"FRONT YARDSETBACK5'-
0
"
SI
D
E
Y
A
R
D
S
E
T
B
A
C
K
5'-0"REAR YARDSETBACK10'-31/4"1'-57/8"103/4"TRANSFORMER
LINE OF WALL BELOW
PLANTER
DECK
BELOW
GARAGE ENTRY
NPROPOSED SITE PLAN 1" = 10'
10'20'40'5'
DRAWING SETS:
NAME
P + Z
Submission
ID
SD
ISSUE DATE
11/29/2016
STATUS
Issued
STRUCTURAL
CONSULTANTS
SURVEYOR
MECHANICAL
COPYRIGHT
CONTRACTOR
CIVIL
SHEET TITLE
PROJECT NO:
DRAWN BY:AKP
FORUM PHI LLC
Josh Rice
Woody Creek Engineering
520 East Hyman Ave #201
Aspen, CO 81611
970-309-7130
josh@woodycreekengineering.com
TBD
Mic Baca
Studio M Engineers
308 North Hyland Park Dr
Glenwood Springs, CO 81601
970-366-8690
studiom.engineer@gmail.com
Frank Reynolds
FRR Construction
P.O. Box 2725
Aspen, CO 81612
970-948-3914
frank@frrconstruction.com
Z-003
PROPOSED SITE
PLAN
Aspen CO 81611
404 PARK
715 West Main Street, Suite 204
Aspen, Colorado 81611
P: 970.279.4157 F: 866.770.5585
1507
12/5/16 DATE OF PUBLICATION
Michael Lafferty
Rocky Mountain Surveying
4133 Crystal Spring Rd
Carbondale, CO 81623
970-379-1919
laff@sopris.net
PARCEL ID # 273-707-404-705
LEGAL DESCRIPTION
Lot 3 of Sunny Park Subdivision
ZONE DISTRICT RMF
Exhibit 11
P58VI.A.
404 PARKARCHITECTURE | INTERIORS | PLANNING
FORUMPHI.COM PROPOSED
LOWER LEVEL
FORUM PHI
Z-101
16'-0"
24'-0" REQUIRED BACKUP
BIKE RACK
FLAT FOR DRAIN AND
GARAGE DOOR
SKI RACK
BIKE REPAIR
STAND
BIKE RACK
PROPERTY LINE
SETBACK LINE
PROPERTY LINE
SETBACK LINE
UP
UPUPACCESS
ASILE
1
ACCESSIBLE VAN
UNIT 102
6
ACCESSIBLE
CAR PARKING
UNIT 103
3
UNIT 104
4
UNIT 105
5
UNIT 106
7
UNIT 107
8
UNIT 108
9
UNIT 109
10
UNIT 110
11
UNIT 111
12
UNIT 201
13
UNIT 202
14
UNIT 203
15
UNIT 204
16
UNIT 205
17
UNIT 206
18
UNIT 207
19
UNIT 208
20
UNIT 209
21
UNIT 301
22
UNIT 302
23
UNIT 303 - R.O.
24
UNIT 304
25
UNIT 305
27
UNIT 307
26
UNIT 306
28
UNIT 308
ACCESS
ASILE
2
UNIT 101
ONE WAY
ONE WAY
23R @ 7"23R @ 7"ELEVATOR
12% SLOPE
12% SLOPE
1% UP SLOPE
GARAGE
11,284.00 sq ft
MECHANICAL
451.75 sq ft
A
Z-301
A
Z-301
B
Z-302
B
Z-302
8
8
H H
A A
3
3
C C
F F
B B
1
1
5
5
E E
4
4
G G
6
6
D D
7
72
2
23R @ 7"
PARKING COUNT
PROPOSED UNIT MIX
13 - ONE BEDROOMS
1 - TWO BEDROOMS
13 - THREE BEDROOMS
1 - RO UNIT
REQUIRED PARKING
13 - SPACES
2 - SPACES
26 - SPACES
2 - SPACES
28 TOTAL UNITS 43 - SPACES REQUIRED
15 - SPACES DEFICIT
28 - SPACES REQUIRED NPROPOSED LOWER LEVEL 1/16" = 1'-0"
8 16 32P59
VI.A.
UPDNUPDNW
WWRGFDWRGDW F
RGDW F
RGFDWWW W
RGDWFRGFDWRG FDW
W
W
WRGFDWWWRGFDW
WRGFDWRG DWF19'-0"
100'-0" T.O.PLY
100'-0" T.O.PLY
A
Z-301
A
Z-301
B
Z-302
B
Z-302
ROOF
OVERHANG
PROPERTY LINE
SETBACK LINE
PROPERTY LINE
SETBACK LINE
UPDN
UP
PROJECT 100' = 7957'17R @61/2"17R @ 61/2"17R @ 61/2"17R @ 61/2"UNIT 104
BEDROOM 3
UNIT 104
BATH 1
UNIT 105
LIVING/KITCHEN
UNIT 104
BATH 2
UNIT 104
BEDROOM 1
UNIT 104
BEDROOM 2
UNIT 105
BEDROOM 1
UNIT 105
BATH 1
UNIT 103
BEDROOM 1
UNIT 103
BATH 1
UNIT 103
LIVING/KITCHEN
UNIT 106
LIVING/KITCHEN
UNIT 106
BATH 2
UNIT 108
BATH 1
UNIT 108
BEDROOM 2
UNIT 108
BEDROOM 1
UNIT 108
LIVING/KITCHEN
UNIT 107
LIVING/KITCHEN
UNIT 107
BATH 1
UNIT 109
BATH 1
UNIT 109
BEDROOM 1
UNIT 109
LIVING/KITCHEN
UNIT 110
BEDROOM 1
UNIT 111
BEDROOM 1
UNIT 110
LIVING/KITCHEN
UNIT 110
BATH 1
UNIT 111
BATH 1
UNIT 111
LIVING/KITCHEN
UNIT 102
BEDROOM 1
UNIT 102
BATH 1
UNIT 102
HALL
UNIT 102
BATH 2
UNIT 101
LIVING/KITCHEN
UNIT 101
BATH 1
UNIT 101
BEDROOM 1
UNIT 106
BATH 1
UNIT 104
LIVING/KITCHEN
TRASH
151.75 sq ft
8
8
H H
A A
3
3
C C
F F
B B
1
1
5
5
E E
4
4
G G
6
6
D D
7
72
2
5'-0"SIDE YARD
SETBACK5'-0"FRONT YARDSETBACK5'-0"
SIDE YARD
SETBACK
5'-0"REAR YARDSETBACKROOF
OVERHANG
OPEN TO ABOVE
ENCLOSED TO
BELOW
OPEN TO ABOVE
ENCLOSED TO
BELOW
GARAGE ENTRY
UNIT 106
BEDROOM 3
UNIT 107
BEDROOM 1
UNIT 102
BEDROOM 2
UNIT 102
LIVING/KITCHEN
UNIT 102
BEDROOM 3
UNIT 106
BEDROOM 2
UNIT 106
BEDROOM 1
NPROPOSED MAIN LEVEL 1/8" = 1'-0"
1 4 8 16
DRAWING SETS:
NAME
P + Z
Submission
ID
SD
ISSUE DATE
11/29/2016
STATUS
Issued
STRUCTURAL
CONSULTANTS
SURVEYOR
MECHANICAL
COPYRIGHT
CONTRACTOR
CIVIL
SHEET TITLE
PROJECT NO:
DRAWN BY:AKP
FORUM PHI LLC
Josh Rice
Woody Creek Engineering
520 East Hyman Ave #201
Aspen, CO 81611
970-309-7130
josh@woodycreekengineering.com
TBD
Mic Baca
Studio M Engineers
308 North Hyland Park Dr
Glenwood Springs, CO 81601
970-366-8690
studiom.engineer@gmail.com
Frank Reynolds
FRR Construction
P.O. Box 2725
Aspen, CO 81612
970-948-3914
frank@frrconstruction.com
Z-102
PROPOSED MAIN
LEVEL
Aspen CO 81611
404 PARK
715 West Main Street, Suite 204
Aspen, Colorado 81611
P: 970.279.4157 F: 866.770.5585
1507
12/5/16 DATE OF PUBLICATION
Michael Lafferty
Rocky Mountain Surveying
4133 Crystal Spring Rd
Carbondale, CO 81623
970-379-1919
laff@sopris.net
PARCEL ID # 273-707-404-705
LEGAL DESCRIPTION
Lot 3 of Sunny Park Subdivision
ZONE DISTRICT RMFP60 VI.A.
WWRGDW RGF DWRGFDWWFW
RG FDW
W RGDW F
W
RGFDWWRGFDWW
RG FDWWRGFDW
A
Z-301
A
Z-301
B
Z-302
B
Z-302
109'-35/8" T.O.PLY
ROOF
OVERHANG
PROPERTY LINE
SETBACK LINE
PROPERTY LINE
SETBACK LINE
DNUPDNUPDNUPDN
UP
17R @ 61/2"17R @ 61/2"17R @ 61/2"17R @ 61/2"UNIT 203
LIVING/KITCHEN
UNIT 203
BATH 1
UNIT 203
BEDROOM 1
UNIT 203
BEDROOM 2
UNIT 203
BEDROOM 3
UNIT 203
HALL
UNIT 205
BATH 1
UNIT 205
BEDROOM 1
UNIT 204
BEDROOM 3
UNIT 204
BEDROOM 2
UNIT 204
BATH 2
UNIT 204
BEDROOM 1
UNIT 204
LIVING/KITCHEN
UNIT 204
BATH 1
UNIT 207
BEDROOM 1
UNIT 207
BATH 1
UNIT 207
BEDROOM 3
UNIT 207
BATH 2
UNIT 207
LIVING/KITCHEN
UNIT 208
LIVING/KITCHEN
UNIT 208
BATH 2
UNIT 208
BATH 1
UNIT 208
BEDROOM 1
UNIT 208
HALL
UNIT 208
BEDROOM 2
UNIT 208
BEDROOM 3
UNIT 209
LIVING/KITCHEN
UNIT 209
BATH 1
UNIT 209
BEDROOM 1
UNIT 201
LIVING/KITCHEN
UNIT 201
BEDROOM 1
UNIT 202
BATH 1
UNIT 202
HALL
UNIT 202
BATH 2
UNIT 203
BATH 2
UNIT 206
BEDROOM 3
UNIT 206
BATH 2
UNIT 206
LIVING/KITCHEN
UNIT 206
BATH 1
UNIT 206
BEDROOM 2
UNIT 206
BEDROOM 1
UNIT 201
BATH 1
8
8
H H
A A
3
3
C C
F F
B B
1
1
5
5
E E
4
4
G G
6
6
D D
7
72
2
109'-35/8" T.O.PLY
ROOF
OVERHANG
UNIT 205
LIVING/KITCHEN
UNIT 207
BEDROOM 2
UNIT 202
BEDROOM 2
UNIT 202
LIVING/KITCHEN
UNIT 202
BEDROOM 3
UNIT 202
BEDROOM 1
NPROPOSED SECOND LEVEL 1/8" = 1'-0"
1 4 8 16
DRAWING SETS:
NAME
P + Z
Submission
ID
SD
ISSUE DATE
11/29/2016
STATUS
Issued
STRUCTURAL
CONSULTANTS
SURVEYOR
MECHANICAL
COPYRIGHT
CONTRACTOR
CIVIL
SHEET TITLE
PROJECT NO:
DRAWN BY:AKP
FORUM PHI LLC
Josh Rice
Woody Creek Engineering
520 East Hyman Ave #201
Aspen, CO 81611
970-309-7130
josh@woodycreekengineering.com
TBD
Mic Baca
Studio M Engineers
308 North Hyland Park Dr
Glenwood Springs, CO 81601
970-366-8690
studiom.engineer@gmail.com
Frank Reynolds
FRR Construction
P.O. Box 2725
Aspen, CO 81612
970-948-3914
frank@frrconstruction.com
Z-103
PROPOSED
SECONDLEVEL
Aspen CO 81611
404 PARK
715 West Main Street, Suite 204
Aspen, Colorado 81611
P: 970.279.4157 F: 866.770.5585
1507
12/5/16 DATE OF PUBLICATION
Michael Lafferty
Rocky Mountain Surveying
4133 Crystal Spring Rd
Carbondale, CO 81623
970-379-1919
laff@sopris.net
PARCEL ID # 273-707-404-705
LEGAL DESCRIPTION
Lot 3 of Sunny Park Subdivision
ZONE DISTRICT RMFP61
VI.A.
W
RGFDW
W
RGFDWWW WRGFDW
RG FDW
WW RGFDWRGF DWWWRGDW FRGFDWA
Z-301
A
Z-301
B
Z-302
B
Z-302
118'-71/4" T.O.PLY
118'-71/4" T.O.PLY
ROOF
OVERHANG
PROPERTY LINE
SETBACK LINE
PROPERTY LINE
SETBACK LINE
DNDNDNDN
UNIT 304
BATH 1
UNIT 304
BEDROOM 1
UNIT 305
BEDROOM 3
UNIT 305
BATH 2
UNIT 305
LIVING/KITCHEN
UNIT 305
BATH 1
UNIT 305
BEDROOM 2
UNIT 305
BEDROOM 1
UNIT 306
BEDROOM 1
UNIT 306
BATH 1
UNIT 306
BEDROOM 3
UNIT 306
BATH 2
UNIT 307
LIVING/KITCHEN
UNIT 307
BATH 2
UNIT 307
BATH 1
UNIT 307
BEDROOM 1
UNIT 307
HALL
UNIT 307
BEDROOM 2
UNIT 307
BEDROOM 3
UNIT 308
LIVING/KITCHEN
UNIT 308
BATH 1
UNIT 308
BEDROOM 1
UNIT 302
BATH 1
UNIT 302
HALL
UNIT 302
BEDROOM 3
UNIT 302
BATH 2
UNIT 306
LIVING/KITCHEN
UNIT 303
MASTER BEDROOM
UNIT 303
MASTER BATH
UNIT 303
LAUNDRY
UNIT 303
LIVING/KITCHEN
UNIT 303
BATH 2
UNIT 303
BEDROOM 2
UNIT 303
HALL
UNIT 201
LIVING/KITCHEN
UNIT 201
BEDROOM 1
UNIT 201
BATH 1
8
8
H H
A A
3
3
C C
F F
B B
1
1
5
5
E E
4
4
G G
6
6
D D
7
72
2
ROOF
OVERHANG
UNIT 304
LIVING/KITCHEN
UNIT 306
BEDROOM 2
UNIT 302
BEDROOM 2
UNIT 302
LIVING/KITCHENUNIT 302
BEDROOM 1
NPROPOSED THIRD LEVEL 1/8" = 1'-0"
1 4 8 16
DRAWING SETS:
NAME
P + Z
Submission
ID
SD
ISSUE DATE
11/29/2016
STATUS
Issued
STRUCTURAL
CONSULTANTS
SURVEYOR
MECHANICAL
COPYRIGHT
CONTRACTOR
CIVIL
SHEET TITLE
PROJECT NO:
DRAWN BY:AKP
FORUM PHI LLC
Josh Rice
Woody Creek Engineering
520 East Hyman Ave #201
Aspen, CO 81611
970-309-7130
josh@woodycreekengineering.com
TBD
Mic Baca
Studio M Engineers
308 North Hyland Park Dr
Glenwood Springs, CO 81601
970-366-8690
studiom.engineer@gmail.com
Frank Reynolds
FRR Construction
P.O. Box 2725
Aspen, CO 81612
970-948-3914
frank@frrconstruction.com
Z-104
PROPOSED THIRD
LEVEL
Aspen CO 81611
404 PARK
715 West Main Street, Suite 204
Aspen, Colorado 81611
P: 970.279.4157 F: 866.770.5585
1507
12/5/16 DATE OF PUBLICATION
Michael Lafferty
Rocky Mountain Surveying
4133 Crystal Spring Rd
Carbondale, CO 81623
970-379-1919
laff@sopris.net
PARCEL ID # 273-707-404-705
LEGAL DESCRIPTION
Lot 3 of Sunny Park Subdivision
ZONE DISTRICT RMFP62 VI.A.
P63VI.A.
404 Park Avenue AH Project Amendment Request Page 1
MEMORANDUM
TO: Ben Anderson, Community Development Department
FROM: APCHA Board of Directors
THRU: Mike Kosdrosky, Executive Director
Cindy Christensen, Deputy Director
DATE: May 1, 2017
RE: Board recommendations from applicant’s Request to Amend Approval
for 404 Park Avenue Housing Credits Project
ISSUE
Planning and Zoning Commission (P&Z) Resolution 11 (Series of 2016) approved 404 Park Avenue
Affordable Housing Project as a mix of Category 3 and Category 4 ownership units, with one
Resident Occupied Unit. The project was approved as a 100% ownership project and awarded 64
FTE credits – 32 Category 3 and 32 Category 4. The applicant is requesting the ability to create a
100% owner-occupied project, 100% rental project, or a mixed-residential (owner-occupied and
rental) project.
BACKGROUND
The APCHA Board reviewed the request at their regular meeting held April 5, 2017 with
concerns about a mixed-residential (owner-occupied and rental) project. The concerns that were
raised at the meeting by staff were based on experience and financial industry feedback.
APCHA staff believes a mix of ownership and rental units create several unintended
consequences, including:
1. Financing – Lenders will not provide conventional financing if a project includes more
rental units than ownership units, or if one entity owns more than 10% of the units in
an HOA. Given that no one employer could own more than two units, this project could
have between six and thirteen different employer-owned (rental) units in addition to
fourteen individual (owner-occupied) units.
2. Compliance and Enforcement – The number one compliance issue APCHA faces is
unresponsive landlords who fail to provide leases and have tenants qualify under
program rules and deed restrictions. Without this information, it is difficult, if not
impossible, for APCHA to determine if a unit is complying and serving a working
P64
VI.A.
404 Park Avenue AH Project Amendment Request Page 2
household. Many owners are under LLC’s with no contact information. Ownership can
change at any time without notification to APCHA. Staff physically have gone to
properties to put notices on doors requesting qualification paperwork. With over 1300
rental units and 200 different landlords/owners in the APCHA inventory, there are
currently 118 rental units (9%) that have never qualified under the deed restriction and
another 227 units (17.5%) that are past due in providing re-qualification paperwork.
3. Quality of Life and Community Governance Issues – In APCHA’s experience, projects
including a mix of owners and renters is problematic because of different standards,
commitments, and shared-values toward the property. Further complicating mixed
residential communities is the HOA itself. HOAs are much more difficult to govern and
manage for owner-occupants required to work with absentee employer-owners. Often
the interests of the two conflict, which can create quality of life and governance issues
for the HOA community.
4. Administrative Burden and Program Complexity – The compliance and enforcement
issues above create additional administrative burden and cost to taxpayers. Having up
to 13 different employer landlords for the rental portion of this project would add to
APCHA’s administrative burden by increasing the frequency of requalification
requirements and associated compliance and enforcement. The 2016 Housing Guideline
Policy Study stated that “Aspen has exceptionally complex Guidelines that requires a
large staff to administer, are very hard to update, and difficult to understand.” It also
states, “The result is that a complex program has been created over many years, which
makes management, public education and compliance challenging…”. Without
additional resources and policy changes to modernize operations and increase
compliance and enforcement (e.g. fines), employer-owned rental units will be difficult
to oversee and enforce.
At the April 5, 2017 meeting, the applicant questioned staff’s concerns on an owners’ ability to
obtain conventional financing when purchasing in a mixed-use or mixed-residential project. A
mixed-residential project (i.e., a project containing a mix of both owner-occupied and rental
units) that includes more than 49% rentals does not allow for conventional financing. The same
applies for a mixed-residential project where one entity owns more than 10% of the units.
The APCHA Board asked the applicant and staff to provide third-party opinions from local
lenders concerning their lending policies for mixed-residential (owner-occupied and rental)
projects.
DISCUSSION
The applicant has provided lender opinions confirming staff’s concerns. The applicant is
requesting the flexibility to provide a 100% for-sale project, a 100% rental project, or a mixed-
residential (owner-occupied and rental) project. If the project becomes mixed-residential, the
conditions the applicant/developer must meet are as follows:
1. No more than 13 employer-owned rental units (below the 49% threshold); and
2. No more than 10% of the units owned by the same entity.
P65
VI.A.
404 Park Avenue AH Project Amendment Request Page 3
On April 5, 2017, the APCHA Board recommended to allow the 404 Park Avenue Affordable
Housing Project to become a mixed-residential (owner-occupied and rental) project under the
following conditions:
• The applicant should verify what lending options and obstacles exist for mixed-residential
projects (i.e. owner-occupied/rental project) with any additional information provided by
APCHA staff;
• Each employer wanting to purchase a unit to lease must be qualified to purchase by
APCHA. Specific criteria will be provided by APCHA to approve any employer before
purchasing a unit for use as a rental to qualified employees (e.g., Pitkin County employer,
City of Aspen Business License, etc.);
• Self-employed individuals will not be allowed to purchase a unit to reside in themselves;
• All new tenants and roommates must be approved PRIOR to signing a lease and occupying
the unit;
• All tenants will be required to complete the requalification packet as required under the
Housing Guidelines and prior to signing a new lease or renewing the current lease;
• All signed leases must be provided to APCHA and state the length of the lease and the
amount of rent;
• If at such time a unit is found out of compliance, and after receipt of APCHA’s Notice of
Violation (NOV) and past the cure date deadline, the unit will be listed with APCHA and
sold through the lottery process as an owner-occupied unit;
• A fine of $500 will be assessed each day a unit is out of compliance;
• Prior to Certificate of Occupancy, a deed restriction will be provided by APCHA to the
applicant to be recorded.
RECOMMENDATION
Based on the additional information provided by the applicant requested by the APCHA Board,
APCHA strongly recommends the following conditions, at minimum, be added to any Planning
and Zoning Commission Resolution, the master deed restriction, and the deed restrictions
controlling the employer-owned units (i.e. rental units).
100% Ownership Project:
1. As shown in the application, the unit sizes meet the 20% reduction requirement and the
criteria for the reduction; therefore, the units meet the minimum square footage as
stated in the Guidelines.
2. All bedrooms shall contain a closet.
3. All units shall include a refrigerator/freezer, stove/oven with hood, dishwasher, and
washer/dryer hookups.
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4. Based on Part III, Section 6.C.3, Priority of Qualified Tenants and Owners Selected by
Developer, of the Guidelines, the developer has the right to choose APCHA-qualified
owners to occupy one-third of the affordable housing units if the households meet the
top priority criteria (four-year minimum work requirement, minimum occupancy
requirement, category, not own other property within the OEZ). Any units not pre-
selected and the balance of the units shall be marketed and sold as stated in the
Guidelines through APCHA. The developer has the right to select the initial APCHA
qualified buyer (as stated above) of 30% of the units with the condition that the selected
owners do not own any real estate within the ownership exclusion zone defined in the
Guidelines. Any resales will go through the lottery system as stated in the Guidelines.
5. Based on the common elements that will need to be maintained by the HOA, no Category
1 or 2 shall be allowed; the request is to have a mix of Category 3 and Category 4 units.
6. APCHA must approve the initial sales price for the RO unit of which will be deed restricted
accordingly and as stated in the Guidelines.
7. A Capital Reserve Study is required to be provided to the HOA and to APCHA by a certified
reserve specialist at the time of Certificate of Occupancy, or within one month of CO.
Extinguishment of any credits shall not be allowed until the Capital Reserve Study is
completed and accepted by APCHA.
8. APCHA is satisfied with the proposed onsite parking and recommends that the Planning
and Zoning Commission approve the project as is.
9. APCHA recommends that the Engineering Department reconsider the ability to have on-
street parking for this project.
10. The developer shall obtain approval of all condominium documents to APCHA for review
prior to acceptance. These shall include, but may not be limited to, the following:
a. Articles of Incorporation
b. By-Laws
c. Condominium Declaration
d. Condo Plat Map
e. Nine required governance policies required by the Colorado Common Interest
Ownership Act (CCIOA).
f. Budget
11. At the closing on all units, the developer shall provide to each new homeowner a binder
that will include, but may not be limited to, the following:
a. All condominium documents stated in #8 above;
b. All mechanical warranties, all warranties for appliances, etc.
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100% Rental Project:
1. All employers requesting to purchase a unit must obtain approval by APCHA and must
meet the definition of a qualified Pitkin County Employer defined in the Guidelines and as
it is amended from time to time. A City of Aspen business license will be one means of
proof as a Pitkin County employer.
Employer (Pitkin County Employer) - A business whose business address is located
within Aspen and/or Pitkin County, whose business employs employees (as defined
herein) within Pitkin County, who work in Pitkin County, and whose business taxes are
paid in Aspen or Pitkin County. If an employer is not physically based in Pitkin County,
an employee must be able to verify that they work in Pitkin County a minimum of
1500 hours per calendar year for individuals, businesses or institutional operations
located within Pitkin County.
2. A self-employed owner cannot reside in the unit.
3. All new tenants must be approved PRIOR to signing a lease and occupying the unit.
4. Minimum occupancy for all units is required.
5. Employers cannot reside in the unit; units must be occupied by Qualified Employees.
6. All tenants/roommates will be required to complete the qualification packet prior to
signing a new lease or renewing their current lease.
7. All tenants/roommates will be required to requalify as stipulated in the Guidelines and
as they are amended from time to time.
8. All leases must be provided to APCHA and state the length of the lease, the amount of
rent, and signed by both the tenant and the landlord.
9. If at such time the unit is found to be out of compliance, and upon receipt of APCHA’s
Notice of Violation (NOV), a fine shall be assessed each day the unit is out of
compliance. The fine will be $500 per day, unless specified differently in the Guidelines
and as they are amended from time to time.
10. At such time the fines are assessed, the management of the noncompliant unit shall be
turned over to APCHA to manage, and the owner will be required to pay a management
fee as determined by APCHA. No fines or fees shall be assessed to the tenant.
Mixed Ownership/Rental Project:
1. All criteria stated under 100% ownership units shall apply.
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2. All criteria stated under 100% rental project shall also apply. If the employer is found to
be out of compliance, and after the Notice of Violation (NOV), a fine shall be assessed
each day the unit is out of compliance. The fine will be $500 per day, unless specified
differently in the Guidelines and as they are amended from time to time. The owner
shall also be required to list the unit for sale with APCHA and sold through the lottery
system.
3. The rental units must not exceed 49% of the total units within the project.
4. One entity/owners must not own more than 10% of any units within the project.
5. All rental units must meet the minimum occupancy requirements.
6. Employers must be approved by APCHA prior to purchasing the unit as stated above
under the 100% rental project section.
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